59
154. The Commission for Peace171 was created through a Presidential Resolution of
August 9, 2000, by former-President Jorge Battle for the purpose of “receiving,
analyzing, classifying, and compiling information on the enforced disappearances
that occurred during the de facto regime.”172 Said Commission was granted broad
authority to receive documents and testimony but had to adhere to the utmost
discretion and confidentiality,173 and it was given 120 days to make its findings. 174
155. The Final Report of the Commission for Peace was made public on April 10,
2003.175 The report was formally submitted to former-President of the Republic, Mr.
Jorge Battle, who, by Decree of April 16, 2003, and acting within the powers of the
Council of Ministers, officially accepted said Final Report and pursuant to Resolution
No. 448/2003 and adopted it as “the official version of the facts regarding the
detainees and disappeared persons during the de facto regimen.” He ordered it
published in its entirety except for the attachments containing private information for
the families who had filed claims. 176
156. Regarding the Uruguayans who had been transferred to clandestine detention
centers in Argentina, said report established that “those persons involved were
arrested and transferred by intelligence forces cooperating with one another in an
unofficial, or not recognized as official, manner.” 177
157. With regard to María Claudia García Iruretagoyena de Gelman, the Report
explains:
[…] 54.[This Commission] considers one complaint as partially confirmed based on coinciding material
facts that have been adequately proven, which allow us to infer that the person described in
Annex No. 5(2) was detained in Argentina and transferred to our country where she was kept in
a clandestine detention center and gave birth to a daughter who was abducted from her and
case file of García Iruretagoyena Cassinelli de Gelman, María Claudia, evidence, annex 10 to the brief of
pleadings and motions, CD 1, page 210 (complementary pages. 199, 202, 207 and 217). See also,
Declaration rendered by Juan Gelman during the public hearing, and Testimony of Mara La Madrid, supra
note 118, evidence, folio 3686.
171
Cf. Resolution of the President of the Republic No. 858/2000, supra note 23, evidence, folio 2107.
172
Article 1 of the Resolution of the President of the Republic No. 858/2000, supra note 23,
evidence, folio 2107.
173
Article 3 of the Resolution of the President of the Republic No. 858/2000, supra note 23,
evidence, folio 2107.
174
Article 7 of the Resolution of the President of the Republic No. 858/2000, supra note 23,
evidence, folio 2107.
175
Cf. Final Report of the Commission for Peace, supra note 56. In the final report, the Commission
for Peace stated that it was not granted investigative functions, neither was it granted coercive authority
to collect information; (para. 12); it also highlighted the limitations and main difficulties faced in order to
fulfill its mission, and explicitly recognized that “an effort was definitely made, not to achieve “a truth” or
“the most convenient truth” but rather “the possible truth.” (para. 38), folios 286 and 293.
176
Cf. Resolution of the President of the Oriental Republic of Uruguay No. 448/2003, of April 10,
2003, evidence, folio 2110.
177
Cf. Final Report of the Commission for Peace, supra note 56, Chapter III. Principle Conclusions.
B) Complaint regarding alleged disappeared persons in Uruguay. B.4) Complaint referring to foreigners,
evidence, folios 299.
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